Florida Slip & Fall Attorney
Slip and fall accidents occur everyday in the South Florida area. These accidents can happen on the premises of any type of establishment including, restaurants, stores, stadiums, boats, businesses or any property that is owned or maintained by somebody else. The general idea behind slip and fall accidents is that the owner of the property where the individual slips and falls may be negligent if he or she allowed a dangerous condition to exist on the premises, which caused the person to slip and fall. Any type of dangerous condition that is negligently left on the property can result in the property owner or person maintaining the property to be legally responsible.
When an individual slips and falls on the premises of another, that property owner usually has two defenses against liability. The first is that the property owner was not negligent in maintaining the property. This usually revolves around a lack of notice defense, whereby the property owner will claim that he or she used due diligence in maintaining the property, and that a reasonable property owner exercising due diligence would not have had the opportunity to discover and take the necessary steps to remove or warn the individual who suffered a fall down event. The other and more common defense is that the person who slipped was him/herself at fault in that he (or she) should have noticed and avoided slipping or tripping on the object.
It is not uncommon in a slip and fall case that some percentage of comparative fault will be assessed against both the store owner and the person who slipped or tripped. This means that the final recovery for the individual who fell will be reduced by the percentage of fault attributed to him or her.
If you or someone you love was injured in a trip or slip and fall accident, contact the Florida slip & fall lawyers at Halpern Santos & Pinkert. Our attorneys have been practicing law for 60 combined years and have won more than $200 million for clients in personal injury and wrongful death cases. During your free initial consultation, we will evaluate your case, answer your questions, and determine if you have grounds for a claim. You may be entitled to compensation for healthcare expenses, lost income, pain and suffering, and other damages. Call 305-445-1111 today to speak with a Florida slip & fall attorney.
Do I Have Grounds for a Slip and Fall Claim in Florida?
It’s an unfortunate fact that a severe injury can happen anywhere and at any time. Some of the most serious falls occur while people are performing mundane tasks such as grocery shopping and walking through parking lots. It may take less than a second for these accidents to happen, but their debilitating effects can last a lifetime.
If you were hurt in a slip and fall in Florida, you may have grounds for a personal injury claim against the property owner and/or another party. You must be able to prove that another person’s negligence caused your injury to recover compensation. There are many ways that one party’s negligence can result in a trip or slip and fall accident. Common examples include:
- Grocery store staff failed to clean up a spilled liquid;
- Supermarket staff left objects in walkways, causing a customer to trip;
- A business owner failed to adhere to building codes;
- A business owner failed to ensure there was sufficient lighting in stairwells and sturdy handrails;
- A concealed hole or crack in the sidewalk was left unaddressed, resulting in a fall; and
- Business staff failed to post “wet floor” warnings after mopping.
Generally speaking, if the owner of a property failed to remedy a dangerous condition in a reasonable amount of time or to warn you about the condition and you suffered an injury as a result, you may have grounds for a slip and fall claim.
What Will Happen During My Initial Consultation with a Florida Trip and Fall Lawyer?
After being injured in a slip and fall, you probably have a lot of questions about your case. Your initial consultation is a chance to get answers to those questions, learn about the claims process, discuss legal strategies, and find out how you can give your claim the best possible chance of success.
At Halpern Santos & Pinkert, we believe that everyone deserves reliable legal guidance in the aftermath of a serious injury or death in the family. We offer free, no-obligation consultations to prospective clients. Here are a few things you can expect during your initial case review:
- Evaluate Evidence You Have Gathered: A Florida slip and fall attorney at our law firm will assess any evidence you have gathered including photos of your injuries, photos of the hazard that caused your injuries, surveillance footage, the incident report, medical records, documentation of lost income, and other evidence. We will then determine whether your case has merit and the types of evidence that still need to be gathered to prove liability and the value of your damages.
- Explain Relevant Laws: Our trip and fall lawyers have a comprehensive understanding of Florida premises liability law. During your initial consultation, we will explain the laws related to your case. The more you know about the relevant laws and the claims process, the less stressful the proceedings will be for you and your family.
- Explain Potential Outcomes: We will never guarantee a particular outcome for any case; no attorney can do that. But we can explain likely outcomes of your case based on past cases we have handled, the evidence you have gathered, the facts surrounding your accident, and the relevant laws. The ideal outcome would be to win a fair settlement as early in the proceedings as possible without going to trial. Our lawyers will pursue that goal by gathering all available evidence to prove liability and your damages and using proven settlement negotiation strategies developed after many decades in legal practice. However, if the opposing party refuses to accept a fair settlement offer, we have the trial experience to represent your interests in court.
- Discuss Legal Strategies: Your initial consultation is an opportunity to find out exactly how your attorney will approach your case. The best attorneys understand the importance of gathering evidence at the earliest point in time—especially in slip and fall cases since valuable evidence of negligence may be covered up soon after the incident. Your slip and fall lawyer will explain the strategies that will be used to give your case the best chance of resulting in a fair settlement. Besides conducting an immediate investigation, your lawyer might also interview eyewitnesses, arrange expert witness testimony, and file subpoenas to obtain surveillance footage and other evidence.
- Provide Guidance: It’s easy to feel powerless in the aftermath of a serious injury. The claims process can seem intimidating and entirely out of your control, but there are steps you can take to give your case the best chance of resulting in a fair settlement. During your initial consultation, your Florida trip and fall attorney will explain those steps, which will include following your doctor’s instructions, limiting your use of social media, and not speaking to the insurance adjuster or the defendant’s legal team.
Call 305-445-1111 to Set up a Consultation with a Florida Slip & Fall Attorney
The Florida slip & fall attorneys at Halpern Santos & Pinkert know how quickly life can change after being seriously injured or losing a loved one in an unexpected accident. We will help you fight for justice and fair compensation from all liable parties.
The sooner you contact us, the sooner we can start investigating your case and gathering evidence while it is still available. Reach out to us online or call 305-445-1111 for a free case assessment.
